QUESTION

How do I get some of the money that my dad owes in child support?

Asked on Oct 09th, 2011 on Child Custody - Illinois
More details to this question:
I want to know if it would do me any good to try to get some of the money that my dad owes in back child support and if so, how?
Report Abuse

8 ANSWERS

Family Law Attorney serving Pasadena, CA at Law Offices of Paul P. Cheng
Update Your Profile
Are you 18?
Answered on Jul 08th, 2013 at 8:54 PM

Report Abuse
Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
Update Your Profile
If you are still a minor, you can't do anything - the person who was to receive child support (apparently your mother) has to seek enforcement. If you are an adult, it is still primarily your mother's responsibility to pursue enforcement because, presumably, if your father failed to pay support, she bore the full burden of financially supporting you. You probably should consult an attorney to discuss the exact details of your situation, but you need to recognize that the required child support was to provide for you while you were a child - not to provide you a nest egg when you are grown.
Answered on Oct 11th, 2011 at 1:38 PM

Report Abuse
Patricia C. Van Haren
Unless your mother is dead, the support would need to go to the mother. Your mother would be the one who has to retain someone to enforce teh support order.
Answered on Oct 11th, 2011 at 10:56 AM

Report Abuse
I am not aware that this was ever done in Nevada but I do know it was done in other states. (It may have been, I just don't know.) In other states, courts have permitted a lawsuit directly from the child against the father, especially where the father was ordered to pay child support and did not. In that case, the only question is how much he owes. I assume you are not a minor any more. You can try to bring an action directly against your father for the money owed.
Answered on Oct 11th, 2011 at 1:59 AM

Report Abuse
Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
Update Your Profile
You are not entitled to any past due child support. Only your mother is entitled to that money (or a government agency if she assigned her right to the money to that agency in exchange for financial assistance).
Answered on Oct 10th, 2011 at 5:34 PM

Report Abuse
From your question, it sounds like you are the "child" for whom support was ordered. In that case, there is probably not much you can do to collect unpaid back support (except perhaps post-secondary support). When the father is ordered to pay child support, that support payment goes to the mother. The idea is that the support money is to reimburse the mother for the father's share of the cost of raising the child. If the father does not pay what he is supposed to pay, then, he owes a debt to the mother. Since the debt belongs to the mother, she is the person who is going to have to attempt to collect it. There are probably rare factual situations that would change this answer. However, in general, it is the mother who has the right to collect unpaid back support, not the child.
Answered on Oct 10th, 2011 at 4:31 PM

Report Abuse
If there is a child support order in place, and your father is not current on his payment, you simply need to petition the court on an enforcement of the present child support order.
Answered on Oct 10th, 2011 at 3:55 PM

Report Abuse
Mediation Attorney serving Bloomfield, NJ at Cassandra T. Savoy, PC
Update Your Profile
While the child is the beneficiary, the money is usually payable to an adult parent who has custody of the minor. You can file an action at the county courthouse.
Answered on Oct 10th, 2011 at 3:55 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters